Privacy
Policy
Last Updated July 12, 2012
This Privacy Policy governs your use
of this Website and any content, products or services made available from or
through this website including any sub domains thereof (“Website”). The Website is made available by BIG HUGE
MEDIA, LLC. (Hereinafter referred to as “Company”).
By visiting this Website and
requesting information, products or services offered on or through this
Website, you agree to the terms of this Privacy Policy, as they may be amended
from time to time. As Company updates or
expands its Website, services or products, this Privacy Policy may change and
the changes are effective upon posting. Please check back frequently for
updates as it is your sole responsibility to be aware of changes. Company does not provide notice of changes in
any manner other than by posting the changes at this Website. This Privacy Policy is incorporated into, and
part of, the Website Terms and Conditions which govern your use of this Website
in general.
This Website is intended for users who
are located in the United States of America.
The Privacy Policy shall be interpreted under the laws of the United
States.
Purpose
of the Privacy Policy.
This Policy describes the information
collection, use, and dissemination practices of Company, its parent,
subsidiaries and registered d/b/a companies (Collectively Referred herein after
as “Company”) and all related websites owned or registered to Company. It governs Company’s right to collect, use,
store and disclose information provided by You on its (a) this Website, (b)
Company’s other Websites, (c) on various Third Party websites, and (d)
Company's other information collection and distribution practices, including
the acquisition of your information from and to Third Parties. Company is not
responsible for the information collection or privacy practices of third party
websites or applications which company does not own or control.
By providing us with Personal
Information about yourself on our Website or in the course of using our
services, you consent to the transfer of your Personal Information, and any
other data we acquire about you from third-party service providers for
commercial use.
Information
Collection, Use, and Dissemination practices.
1.0.
Collection of Information.
1.1. User
Direct Information. Each time you
provide or transmit information via the Website, Company may obtain and collect
personal information about you, including, but not limited to, your name, email
address, mailing address, social security number, credit card information, bank
account information and telephone or cell phone number (collectively referred
to as "Personal Information").
1.2. Survey
Information. Company may collect
Personal Information from you when you voluntarily complete a Company survey,
order form, or a registration page either online by using the internet or
offline by providing this information through the mail, in person or using a
telephone. This information may be collected by surveys, order forms, or registration
pages operated by third parties. This method of collection is collectively
known as a “Survey.” In such Surveys, Company or a third party may ask you to
provide Personal Information including your name, email address, street
address, zip code, telephone numbers (including cell phone numbers and
carriers), birth date, gender, salary range, education and marital status,
occupation, social security number, employment information, personal and online
interests, and such other information as may be requested from time to time.
Company may also collect such information concerning you from another source
and uses that information in combination with information provided from the
Website or Surveys. Completing the Surveys is completely voluntary, and you are
under no obligation to provide Survey Information to Company or a third party.
1.3. Third
Party Information. Company may collect Personal Information from you when you
provide information to a third party and Company subsequently acquires or uses
the information provided by the third party. Such information may include, but
is not limited to, your name, email address, street address, zip code,
telephone numbers (including cell phone numbers and carriers), birth date,
gender, salary range, education and marital status, occupation, industry of
employment, personal and online interests, and such other information you may
have provided to the third party. When acquiring this information, Company
seeks assurances from the third party that you agreed to provide and have such
information acquired by Company. If you did not give express permission, or you
would like to remove your permission, you may suppress all of your information
by sending notification to us at contact@bighugemedia.com
1.4. Other
Methods of Collecting Personal Information.
Other occasions when Company obtains information from you include: (1)
when you claim a prize or seek to redeem an offer by Company or by a third
party; (2) when you request assistance through Company’s customer service department;
and (3) when you voluntarily subscribe to a Company service or newsletter.
1.5. Cookies,
Web Beacons, and Other Info Collected Using Technology. Company currently uses cookie and web beacon
technology to associate certain Internet-related information about you with
information about you in its database. Additionally, Company may use other new
and evolving sources of information in the future.
(a)
Cookies. “Cookies” are a feature in your browser
software. If enabled, we may write cookies that may store small amounts of data
on your computer about your visit to any of the pages of this Site. Cookies
assist us in tracking which of our features appeal the most to you and what
content you may have viewed on past visits. When you visit this site again,
cookies can enable us to customize our content according to your preferences.
We may use cookies to: keep track of the number of return visits to this site;
accumulate and report aggregate, statistical information on website usage;
deliver specific content to you based on your interests or past viewing
history; save your password for ease of access to our Site. You can disable cookies, although the Site
may not function properly for you. Your browser preferences can be modified to
accept or reject all cookies, or request a notification when a cookie is set.
You may read more about cookies at http://cookiecentral.com. In order to use
all of the features and functionality of Company’s websites, you need to accept
cookies.
(b)
Web Beacons. A web beacon is a programming code that can
be used to display an image on a web page, but can also be used to transfer
your unique user identification to a database and associate you with previously
acquired information about an individual in a database. This allows Company to
track certain websites you visit. Web beacons are used to track online
behavioral habits for marketing purposes to determine products or services you
may be interested in. In addition to using web beacons on web pages, Company
also uses web beacons in email messages sent to individuals listed in Company’s
database.
(c)
IP Addresses. Company automatically tracks certain
information based upon your behavior on the site. We may use this information
to do internal research on our users' demographics, interests, and behavior to
better understand, protect and serve you and our community. This information
may include the URL that you just came from (whether this URL is on the site or
not), which URL you next go to (whether this URL is on the site or not), your
computer browser information, and your IP address. Your Internet Protocol
("IP") is a unique Internet "address" which is assigned to
you by your Internet Service Provider ("ISP"). For local area network
("LAN"), DSL, or cable modem users, an IP address may be permanently
assigned to a particular computer. IP addresses are automatically logged by Web
servers, collecting information about a user's traffic patterns. While the IP
address does not identify an individual by name, it may, with the cooperation
of the ISP, be used to locate and identify an individual using the Web. Your IP
address can, however, reveal what geographic area you are connecting from, or
which ISP you are using. Finally, other websites you visit have IP addresses, and
we may collect the IP addresses of those websites and their pages.
(d)
Computer Profiles. Company may also collect and accumulate other
anonymous data which will help us understand and analyze the Internet
experience of our visitors. For instance, Company may accumulate visitor data
relating to referring domain names, the type of browsers used, operating system
software, screen resolutions, color capabilities, browser plug-ins, language
settings, cookie preferences, search engine keywords and JavaScript enablement.
When you provide us with Personal Identification Information, we are able to
use such visitor data to identify you.
(e)
Data Analysis. Data Analysis technology may be employed from
time to time if used by a Client of Company.
(f)
New
Technology. The use of technology on the
Internet, including cookies and web beacons, is rapidly developing. As a
result, Company strongly encourages individuals to revisit this policy for any
updates regarding its use of new technology.
1.6. No
Information Collected from Children.
Company will never knowingly collect any Personal Information about
children under the age of 13. If Company
obtains actual knowledge that it has collected Personal Information about a
child under the age of 13, that information will be immediately deleted from
its database. Because it does not
collect such information, Company has no such information to use or to disclose
to third parties.
1.7. Credit
Card Information and Bank Account Information.
Company may, in certain instances, collect credit card numbers, bank
account information and related information when an individual places an order
on Company’s Website. When the credit card or bank account information is
submitted to Company, such information is encrypted and is protected with SSL
encryption software. Company will use the credit card information or bank
account information for purposes of processing and completing the transaction
you requested on the Website, and the credit card information or bank account
information will be disclosed to third parties as necessary to complete the
requested purchase transaction.
2.0.
Use of Personal Information.
2.1. General
Use. The following paragraphs describe
how Company currently uses Personal Information, but Company may change or
broaden its use at any time. As noted
below, Company may update this policy from time to time. Company may use
Personal Information to provide promotional offers to individuals by means of email
advertising, telephone marketing, direct mail marketing, mobile marketing,
online banner advertising, and package stuffers, among other possible uses.
2.2. Email
and Unsubscribe Policy. Company uses Personal Information to provide third
party promotional offers by email to individuals. Company may maintain separate email lists for
different purposes. If email recipients
wish to end their email subscription from a particular list, they need to
follow the instructions at the end of each email message to unsubscribe from
the particular list. To unsubscribe from
all Company’s email lists, a person must send an email to
contact@bighugemedia.com.
Company's unsubscribe process impacts
only the future delivery of electronic mailings disseminated by Company on its
own behalf. You may still receive
electronic mailings sent on behalf of Third Parties and your Personal
Information may still be shared with Third Parties for use in offline marketing
and data appends, including email appends unless you unsubscribe as provided
above.
You should also note that
unsubscribing from Company’s electronic mailings will not automatically
unsubscribe your information from any Third Party business associates and
licensees of the data. Since Third Party
associates and licensee partners maintain separate databases from Company, and
you will need to unsubscribe from each source individually, if desired. This allows you the freedom to pick and
choose which subscriptions to maintain and which to discontinue.
2.3. Content
of Email Messages. You may receive
certain commercial email messages sent by third parties for products which may
be of interest to you. In such case, the
email will have a method at the bottom of the email to unsubscribe from that
Advertiser. Company is not responsible
for third party emails sent to you.
2.4. Solicited
Email. Company only sends email to
individuals who have agreed on the Website to receive email from Company or to
individuals who have agreed on a Third Party website to receive email from
Third Parties. As such, Company does not
send unsolicited email messages. As a
result, United States statutes requiring certain formatting for unsolicited
email are not applicable to Company's email messages.
2.5. Targeted
Advertising. Company may use Personal
Information to target advertising to an individual. When an individual is using the Internet,
Company uses Technology Information to associate an individual with that
person's Personal Information, and Company attempts to show advertising for
products and services in which the person has expressed an interest in the
Surveys, indicated an interest by means of Technology Information, and
otherwise. Company may, at its discretion, target advertising by using email,
direct mail, telephones, cell phones, and other means of communication to
provide promotional offers.
2.6. Telemarketing.
Company may use Personal Information to advertise, directly or indirectly, to
individuals using direct mail marketing or telemarketing using telephones and
cell phones. You may have your telephone number or cell phone number listed on
a state or federal do not call registry.
By registering and using this Site, you agree that such act constitutes
a purchase, an inquiry and/or an application for purposes of the Amended
Telemarketing Sales Rule, 16 CFR §310 et seq. (the "ATSR").
Notwithstanding that your telephone number may be listed on the Federal Trade
Commission's Do-Not-Call List, you have authorized us to contact you via
telemarketing in accordance with the ATSR.
Moreover, by registering with, or requesting information from, a
third-party advertiser at or through the Website or other advertisement media
made available by us (e.g., email marketing), you agree that such action shall
constitute a purchase, an inquiry and/or an application with the respective
third-party advertiser for purposes of the ATSR and you may be contacted via
email, direct mail and/or telemarketing by such third-party advertiser in
accordance with the ATSR. Further, if you are residing outside the United
States, by registering and using this Website, you acknowledge that the
processing of your Personal Information may involve the transfer of such
Personal Information from within or outside the European Economic Area (“EEA”)
to countries within or outside the EEA whose data protection regulation may not
be as stringent as that within the European Union. We may use Personal Information to provide
the services you've requested, including services that display customized
content and advertising.
2.7. Wireless
Addresses. If the e-mail address you
provide to Company is a wireless e-mail address, you agree to receive messages
at such address from Company or its business associates (unless and until you
have elected not to receive such messages by following the instructions in the
unsubscribe portion of this policy). You
understand that your wireless carrier's standard rates apply to these
messages. You represent that you are the
owner or authorized user of the wireless device on which messages will be
received, and that you are authorized to approve the applicable charges.
2.8. Short
Message Service. Company may make
available a service through which you can receive messages on your wireless
device via short message service (“SMS Service”). Data obtained from you in connection with
this SMS service may include your name, address, cell phone number, your
provider's name, and the date, time, and content of your messages. You
represent that you are 18 years of age and the owner or authorized user of the
wireless device on which messages will be received, and that you are authorized
to approve the applicable charges. In
addition to any fee of which you are notified your provider's standard
messaging rates apply to our confirmation and all subsequent SMS
correspondence. All charges are billed
by and payable to your mobile service provider. Company will not be liable for
any delays in the receipt of any SMS messages, as delivery is subject to
effective transmission from your network operator. SMS message services are
provided on an AS IS basis. Company may also obtain the date, time and content
of your messages in the course of your use of the SMS Service. We will use the information we obtain in
connection with our SMS Service in accordance with this Privacy Policy. If fees are charged to your wireless account
invoice, we may provide your carrier with your applicable information in
connection therewith. Your wireless
carrier and other service providers may also collect data about your wireless
device usage, and their practices are governed by their own policies.
You acknowledge and agree that the SMS
Service is provided via wireless systems which use radios (and other means) to
transmit communications over complex networks.
We do not guarantee that your use of the SMS Service will be private or
secure, and we are not liable to you for any lack of privacy or security you
may experience. You are fully
responsible for taking precautions and providing security measures best suited
for your situation and intended use of the SMS Service. We may also access the content of your
account and wireless account with your carrier for the purpose of identifying
and resolving technical problems and service-related complaints.
You may remove your information from
Company’s database. If you remove your information from Company’s database it
will no longer be used by Company for secondary purposes, disclosed to third
parties, or used by Company or third parties to send promotional correspondence
to you. You may remove your information by sending your request in writing via
email to contact@bighugemedia.com.
2.9. Use
of Technology Information. Company may use Technology Information (1) to match
a person's Personal Information and Third Party List Information to other
categories of Personal Information to make and improve profiles of individuals,
(2) to track a person's online browsing habits on the Internet, (3) to
determine which areas of Company's websites are most frequently visited. This
information helps Company to better understand the online habits of individuals
so that Company can target advertising and promotions to them.
2.10. Profiles of Individuals. Company may use
Personal Information to make a profile of an individual. A profile can be created by combining Survey
Information and Third Party List Information with other sources of Personal
Information such as information obtained from public databases.
2.11. Storage of Personal Information. Company
stores the Personal Information in a database on its’ computers. Company computers have security measures
(such as a firewall and password protections) in place to protect against the
loss, misuse, and alteration of the information under Company’s control. Not withstanding such measures, Company cannot
guarantee that its security measures will prevent its computers from being
illegally accessed, and the Personal Information on them stolen or altered.
3.0.
Other Use of Personal Information. Company may use
your Personal Information in the following ways:
3.1. Public Forums. When you contribute to a public area or
feature of our Website, such as a chat room, bulletin board, list serve, blog,
wiki or other open forum that we may make available on or through our Website,
the information that you submit will be made available to the general public
and will not be considered “Personal Information” for purposes of this Privacy
Policy. For this reason, we recommend
that you do not submit any sensitive information, including your full name,
home address, phone number, other information that would enable other users to
locate you or your financial information on these areas of our Website.
Instead, make up a username that does not disclose your personal identity.
3.2. Third
Party Offers. Company may provide your
Personal Information to third parties with whom they have a business
relationship for the purposes of securing the services and products you have
requested or provide you with additional marketing materials from which you may
choose additional products or services.
Company may make your Personal Information available to companies or
other entities not affiliated with the Company that have goods, services and
offers that might be of interest to you so that they may send you these offers.
3.3. Marketing. Company will use your Personal Information
for any marketing and survey purpose on behalf of Company and its affiliates
and subsidiaries to send information to you about additional goods or services
that may be of interest to you. In addition, Company will disclose your Personal
Information to third party agents and independent contractors to help us
conduct our marketing and survey efforts including but not limited to direct
marketing. You may have no relationship with these other companies.
3.4. Co-sponsored Contests, Sweepstakes and
Offerings. Company may provide a
contest; sweepstake and other offering may be co-sponsored by another
company. In those situations, the
information we obtain from you in connection with such contest, sweepstake or
offering may be shared with our co-sponsor.
In those situations, our co-sponsors will have the right to use your
information for their own purposes, in accordance with their own policies. If you do not wish for the information we
obtain from you to be shared with our co-sponsor, then do not enter such
contest, sweepstake or other offering or otherwise provide to us any Personal
Information in connection with such contest, sweepstake or other offering. We are not responsible for how our
co-sponsors may use your information.
3.5. Service
Providers. Company may use third-party
advertising companies to serve ads when you visit our website. These third
party’s may use information (not including your name, address, email address,
or telephone number) about your visits to this and other websites in order to
provide advertisements about goods and services of interest to you. Company may
also use third parties to help operate our Website, deliver products and services, and Company may share
your Personal Information with such third parties for our business (such as
Website or database hosting companies, address list hosting companies, e-mail
service providers, analytics companies, distribution companies, fulfillment
companies, and other similar service providers that use such information on our
behalf). Unless otherwise stated, these
parties do not have any right to use the Personal Information we provide to
them beyond what is necessary for them to assist us. When you conduct e-commerce with one of the
e-commerce affiliates or service providers to which the Website may be linked,
certain Personal Information such as your e-mail and home address may be
collected by the service provider’s server and made available to us.
3.6. Aggregate
Statistics. Company may disclose aggregate
statistics regarding user behavior as a measure of interest in, and use of, our
Website and e-mails to third parties in the form of aggregate data, such as
overall patterns or demographic reports that do not describe or identify any
individual user.
3.7. Complying
with Legal Process. Company will use or disclose your Personal Information in
response to subpoenas, court orders, warrants, or legal process, or to
otherwise establish or exercise our legal rights or defend against legal claims
or in the event you violate or breach an agreement with Company. Company will
use and disclose your Personal Information if we believe you will harm the
property or rights of Company , its owners, or those of Company 's other
customers. Finally, we will use or disclose your Personal Information if we
believe it is necessary to share information in order to investigate, prevent,
or take action regarding illegal activities, suspected fraud, situations
involving potential threats to the physical safety of any person, violations of
Company’s acceptable use policy, or as otherwise required by law when
responding to subpoenas, court orders and other legal processes.
3.8. Order
Fulfillment. Company will transfer your
Personal Information to third parties when necessary to provide a product or
service that you order from such third party while using Company’s websites or
when responding to offers provided by Company.
3.9. Data
Summary. Company may sell or transfer non-individualized information, such as
summary or aggregated anonymous information about all persons or sub-groups of
persons.
4.0.
Privacy Practices of Third Parties.
4.1. Advertiser
cookies and web beacons. Advertising agencies, advertising networks, and other
companies who place advertisements on the websites and on the internet
generally may use their own cookies, web beacons, and other technology to
collect information about individuals. Company does not control the use of such
technology and Company has no responsibility for the use of such technology to
gather information about you.
4.2. Links.
The websites and email messages sometimes contain hypertext links to the
websites of third parties. Company is not responsible for the privacy practices
or the content of such other websites. Linked websites may contain links to
websites maintained by third parties. Such links are provided for your
convenience and reference only. Company does not operate or control in any
respect any information, software, products or services available on such third
party websites. The inclusion of a link to a website does not imply any
endorsement of the services or the site, its contents, or its sponsoring
organization.
4.3.
Affiliations/Merger/Sale. Company further reserves the right to disclose,
transfer or sell your Personal Information to companies who are affiliated with
Company in Company’s sole discretion. If
Company changes ownership through an acquisition, merger, sale or other change
of business status, it reserves the right to transfer or assign the right to
use your Personal Information collected from the Website.
5.0.
Foreign use of the Website. To the extent that you are accessing the Website while
domiciled outside of the United States, you acknowledge that the Personal
Information you are providing Company is collected and stored in the United
States and therefore consent to the transfer of information to and storage of
the information outside of your domiciled country and in the United
States.
6.0.
California User Consumer Rights. In accordance with
California Civil Code Sec. 1789.3, California resident users are entitled to
know that they may file grievances and complaints with California Department of
Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at
916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your
privacy, you may wish to visit: http://www.ftc.gov.
If you have questions about this
policy, please contact us at contact@bighugemedia.com